2011 House Bill 4542 / Public Act 301

Revise foreclosure restrictions

Introduced in the House

April 13, 2011

Introduced by Rep. Jeff Farrington (R-30)

To revise details of certain procedures, deadlines and more in a 2009 law that requires lenders to attempt to negotiate revisions in the terms of loans held by delinquent borrowers, before they can proceed to a “foreclosure by advertisement” (instead of the more costly judicial foreclosure process).

Referred to the Committee on Banking and Financial Services

Dec. 1, 2011

Reported without amendment

With the recommendation that the substitute (H-5) be adopted and that the bill then pass.

Dec. 8, 2011

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Marty Knollenberg (R-41)

To strip out a provision extending the sunset of certain provisions of this law until 2015, and instead extend them one more year, until the end of 2012.

The amendment passed by voice vote

Amendment offered by Rep. Jimmy Womack (D-7)

To eliminate the sunset on key provisions of this law.

The amendment failed by voice vote

Passed in the House 108 to 0 (details)

Received in the Senate

Dec. 13, 2011

Referred to the Committee on Banking and Financial Institutions

Dec. 14, 2011

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance as previously described.

The substitute passed by voice vote

Amendment offered by Sen. Bert Johnson (D-2)

To give Michigan courts the power to impair residential mortgage contracts in favor of the borrower. Specifically, a court could order that the borrower could fail to repay up to 36 percent of the value of the loan and still keep the house. If the debtor then sold the house at a profit, the lender would only be entitled to one-half of the gain, with the delinquent borrower keeping the rest. Note: The amendment, and Senate Bill 860 upon which it is based, would appear to violate the state Constitution, article 1 section 10, prohibiting enactment of a law "impairing the obligation of contract".

The amendment failed 12 to 26 (details)

Passed in the Senate 38 to 0 (details)

To revise details of certain procedures, deadlines and more in a 2009 law that requires lenders to attempt to negotiate revisions in the terms of loans held by delinquent borrowers, before they can proceed to a “foreclosure by advertisement” (instead of the more costly judicial foreclosure process).

Received in the House

Dec. 14, 2011

To concur with the Senate-passed version of the bill.

Dec. 15, 2011

Passed in the House 106 to 0 (details)

Signed by Gov. Rick Snyder

Dec. 21, 2011